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PODCAST

The Litigation Psychology Podcast

Courtroom Sciences

The Litigation Psychology Podcast presented by Courtroom Sciences, Inc. (CSI) is a podcast for in-house and outside defense counsel and insurance claims personnel about the intersection of science and litigation. We explore topics of interest to the defense bar, with a particular emphasis on subjects that don‘t get enough attention. Our hosts are experts in Clinical Psychology, Social Psychology, and scientifically-based jury research with a wealth of knowledge about psychology, science, jury

science social sciences

All Episodes

14:16

The Litigation Psychology Podcast - Episode 116 -...

The Litigation Psychology Podcast ·

2022/04/18

Dr. Steve Wood discusses the impact and influence that constant and consistent messaging has on us individually, and on prospective jurors. Steve explains the concept of the Mere Exposure Effect and how the more we are presented with specific topics or ideas, the more we develop thoughts, beliefs, and attitudes about those topics. He also discusses the concept of Social Proof and how our brain processes something ambiguous by following the patterns of other people's behaviors or opinions. Lastly,

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20:51

The Litigation Psychology Podcast - Episode 115 - The...

The Litigation Psychology Podcast ·

2022/04/11

Dr. Bill Kanasky, Jr. lays out what the game plan should be for witnesses before and during testimony. Bill talks about what attorneys need to be doing with witnesses the 24 hours before testimony, the four key things witnesses need to be coached and trained on as part of their preparation, and what witnesses should do during breaks in testimony. Watch the video of this episode: https://www.courtroomsciences.com/r/WIn

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32:39

The Litigation Psychology Podcast - Episode 114 -...

The Litigation Psychology Podcast ·

2022/04/04

James Feeney, Member, Dykama joins Dr. Steve Wood to discuss a recent defense verdict in a traumatic brain injury case. The plaintiff was injured in an vehicular accident and sued the automobile manufacturer for product liability. Jim provides details on how the defense for the case was constructed, what research was done with mock jurors, and the value of testing different combinations of evidence, themes, messaging, etc. in mock trials to help guide trial strategy. Jim also shares his philosophy

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20:17

The Litigation Psychology Podcast - Episode 113 - 5...

The Litigation Psychology Podcast ·

2022/03/28

Dr. Bill Kanasky, Jr. covers five common mistakes being made when conducting focus groups, the consequences of these mistakes, and what adjustments should be made: 1) too much information on slides (less is more); 2) too many mock jurors (recruit a more reasonable number of 12-15); 3) too long of a day (juror fatigue is real; keep the days a reasonable length); 4) long presentations (juror attention span is short, keep presentations short); 5) the approach to testing damages (just want to get a feel

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24:19

The Litigation Psychology Podcast - Episode 112 -...

The Litigation Psychology Podcast ·

2022/03/21

Trial is a battle of perception and jurors pay very close attention to the behavior of the litigants, particularly the defendant. Behavioral consistency is highly correlated with honesty and truthfulness. In this episode of The Litigation Psychology Podcast, Dr. Bill Kanasky, Jr. describes the 4 golden traits of an effective defendant including, 1) Professionalism; 2) Confidence/comfort; 3) Maintaining emotional poise; and 4) Engaged and attentive in the process. Why are these qualities so

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34:08

The Litigation Psychology Podcast - Episode 111 -...

The Litigation Psychology Podcast ·

2022/03/14

In this episode Dr. Steve Wood and Dr. Bill Kanasky, Jr. discuss the importance of alternative causation, plus answer podcast viewer and listener questions. Steve and Bill talk about how jury research demonstrates that jurors don't care that the plaintiff has the burden of proof on causation and that human information processing requires them to identify cause. Because of this, defense attorneys must help jurors by providing alternative causation considerations in order for jurors to move to

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31:25

The Litigation Psychology Podcast - Episode 110 -...

The Litigation Psychology Podcast ·

2022/03/07

One of the most emotional, challenging, and difficult cases are birth injury cases. Dr. Steve Wood and Dr. Bill Kanasky, Jr. discuss some of the common themes they have seen during focus groups and mock trials for birth injury cases. Specifically, they share insights from jurors on these topics: - jurors' perceptions and lack of understanding of the employment status of physicians as independent contractors vs. being employees of the hospital; - jurors' awareness of the comparative time nurses

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25:13

The Litigation Psychology Podcast - Episode 109 -...

The Litigation Psychology Podcast ·

2022/02/28

Dr. Bill Kanasky, Jr. shares a case study from a recent trial to highlight the elements of successful trial testimony. Four keys of successful trial testimony are to: 1) Control the pace of the questioning, 2) Avoid pivoting, 3) Deliver short, concise answers, and 4) Respond appropriately to emotional attacks by plaintiff's counsel. Bill also discusses tips on managing cases where you have a co-defendant and the challenges and opportunities with finger-pointing. Bill has been working on a number

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32:52

The Litigation Psychology Podcast - Episode 108 -...

The Litigation Psychology Podcast ·

2022/02/21

Dr. Alyssa Parker, Litigation Consultant and an experienced Clinical Psychologist, joins Dr. Bill Kanasky, Jr. to talk about working with witnesses who are dealing with trauma associated with a catastrophic accident or fatality. Alyssa and Bill discuss mistakes that the defense side often make with these emotional and traumatized witnesses, including ignoring or downplaying the suppression or avoidance of the memories of the traumatic event. They also talk about the necessity for these traumatized

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25:29

The Litigation Psychology Podcast - Episode 107 -...

The Litigation Psychology Podcast ·

2022/02/14

Baxter Drennon, Attorney with Hall Booth Smith in Little Rock, Arkansas joins the podcast to talk with Dr. Steve Wood about a range of topics around attorney credibility and improving as a trial lawyer. Baxter and Steve discuss the definition of a win, the necessity of gaining direct experience in trying cases, the philosophies about whether to go to trial or settle a case, and what types of training would be useful for defense attorneys to keep pace with the plaintiff's bar as they invest in their

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30:20

The Litigation Psychology Podcast - Episode 106 -...

The Litigation Psychology Podcast ·

2022/02/07

Heather Bohnke, Partner with Gust Rosenfeld PLC in Arizona, joins the podcast to talk with Dr. Bill Kanasky, Jr. about the recently enacted ruling of the Arizona Supreme Court which has done away with peremptory strikes as January 1, 2022. Arizona has become the first state in the nation to eliminate peremptory challenges. Heather talks about the background behind why the Arizona Supreme Court made this ruling and what the impacts are, for both plaintiff and defense attorneys, in navigating the

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26:49

The Litigation Psychology Podcast - Episode 105 -...

The Litigation Psychology Podcast ·

2022/01/31

Wellness Specialist Jennifer Donovan of Wellness 4 Judiciary joins the podcast to talk to Dr. Steve Wood about mental and physical wellbeing and what attorneys can do to relieve stress and anxiety and achieve clarity and tranquility. In part 1, Jennifer shared exercises to help witnesses and in this part she demonstrates several exercises for posture, breathing, and mental focus and intentional thought, which help with calmness and concentration. Jennifer also shares additional exercises and

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39:21

The Litigation Psychology Podcast - Episode 104 -...

The Litigation Psychology Podcast ·

2022/01/24

Wellness Specialist Jennifer Donovan of Wellness 4 Judiciary joins the podcast to talk to Dr. Steve Wood about mental wellbeing, mindfulness, and what witnesses can do to reduce stress levels, particularly when testifying. Jennifer demonstrates several helpful exercises to help relieve stress and create calmness, clarity, and focus. The exercises, which can be done either seated or standing, include attention to posture, breathing, shoulders, head & neck, and the jaw, plus intentional thoughts and

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37:09

The Litigation Psychology Podcast - Episode 103 -...

The Litigation Psychology Podcast ·

2022/01/17

Dr. Bill Kanasky, Jr. answers more frequently asked questions from viewers and listeners of the podcast. Questions asked and answered in this episode: - How to handle a defensive witness who is also young and inexperienced? - What type of assessment(s) should be done of witnesses before they are prepped for deposition? - What is a shadow jury? - How is commercial litigation different than personal injury or catastrophic injury or death cases? - Is it okay to Reptile my co-defendant who is adverse to

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25:12

The Litigation Psychology Podcast - Episode 102 -...

The Litigation Psychology Podcast ·

2022/01/10

Dr. Steve Wood and Dr. Bill Kanasky, Jr. talk about witness training for CEOs and some of the challenges with training C-level executives for deposition and trial testimony. Steve and Bill discuss how they work with these types of witnesses and some of the steps that these executives must be open to in order to maximize the benefits of the training and perform well during testimony. They describe the social psychology concept of state dependent learning plus how an executive's potential negative

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10:08

The Litigation Psychology Podcast - Episode 101 - A...

The Litigation Psychology Podcast ·

2022/01/03

Dr. Steve Wood delivers a preview of topics that will be addressed on The Litigation Psychology Podcast during 2022. A few of the hot topics that Steve and Dr. Bill Kanasky, Jr. will be discussing during the year: - the importance and necessity of communication and sharing of information amongst the defense bar; - celebrating defense bar victories, including insights on what's working for the defense, and what's leading to those wins and successful outcomes; - witness behavior, including recent

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01:03:25

The Litigation Psychology Podcast - Episode 100 -...

The Litigation Psychology Podcast ·

2021/12/13

The 100th episode of The Litigation Psychology Podcast features trial attorneys Paul Motz from Segal McCambridge Singer & Mahoney and Brad Hughes from Clark Hill. Bill Kanasky, Jr., Ph.D. and Steve Wood, Ph.D. talk to Paul and Brad about the challenges of connecting with jurors during trials where masks are required and ideas on what to do. The group discuss their thoughts on counter-anchoring damages, why the insurance adjuster playbook doesn't work, and steps that need to be taken to diffuse a

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35:50

The Litigation Psychology Podcast - Episode 99 -...

The Litigation Psychology Podcast ·

2021/12/06

Steve Wood, Ph.D. and Bill Kanasky, Jr., Ph.D. discuss trial testimony, preparing witnesses for trial, and the steps necessary for the best results at trial. They talk about the process that should be followed and where witnesses and even attorneys fall short, leading to bad outcomes at trial. Plaintiffs are continuing to increase demands and are wanting to go to trial as they see that as an advantage for them, especially against ill-prepared and under-prepared defense counsel. And the only way to

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40:14

The Litigation Psychology Podcast - Episode 98 -...

The Litigation Psychology Podcast ·

2021/11/29

Chris Patton, Partner at Lynn Pinker Hurst & Schwegmann and John Adams, Trial Lawyer at Gibson Dunn, join Dr. Bill Kanasky, Jr. to talk about commercial litigation and the article they co-authored titled Give the Jury What It Wants: Decision-Making in Trial Practice. Chris, John, and Bill discuss the importance of storytelling in trial and why and how to get the jury's attention early to frame the trial narrative. The group also talk about the availability bias and how jurors interpret and consider

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54:30

The Litigation Psychology Podcast - Episode 97 - The...

The Litigation Psychology Podcast ·

2021/11/22

Dr. Steve Wood and Dr. Bill Kanasky, Jr. share the latest updates on the Reptile training program. Recently, the program has gone through an evolution and some rebranding. There appears to be a phasing out of the "Reptile" term but the program is alive and well and there are now even more options for the plaintiff's bar to receive training on these variations of the Reptile Theory. Steve and Bill talk about the concept of cognitive schema and cognitive dissonance, which are keys to the success of

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316 results

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